What are the elements of a strict liability product liability claim?
The elements of a strict liability product liability claim in Oklahoma involve the fact that a consumer product has caused harm to the user, and that the harm is the result of a defect in the product. To have a valid claim, the plaintiff must show that the product was defective, that it caused the harm, and that it was used in a manner in which it was intended to be used. A product may be defective in three ways: design defect, manufacturing defect, or failure to warn. A design defect is when the product is designed in a way that makes it unreasonably dangerous. A manufacturing defect is a flaw that happens during the production process. A failure to warn is when the manufacturer fails to give adequate warning of any potential hazards associated with a product. To establish a product liability claim, a plaintiff must show evidence of the following elements: the product was unreasonably dangerous, the product was in substantially the same condition when it left the hands of the manufacturer, and the product caused the injury. Plaintiffs are also required to provide proof that their harm has been caused by the product defect. This means they must show that it is the product and not other external factors that caused the harm. The strict liability requirements in Oklahoma require a plaintiff to show that the manufacturer was aware or should have been aware of the foreseeable harm that the product could cause. Additionally, plaintiffs must provide proof that there is a high risk of harm associated with the product. A plaintiff can also recover for negligent designs or false advertising by the manufacturer.
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